Can a person be charged with a DUI if they are not driving?

In Virginia, the answer to the question of whether someone can be charged with a DUI even if they are not driving is yes. Virginia state law stipulates that it is illegal to operate or be in control of a motor vehicle while under the influence of alcohol or drugs which impairs one’s ability to safely operate a vehicle. A person does not have to actually be operating the vehicle in order to violate this law. For instance, a person who has been drinking and is found either inside or outside a vehicle and in control of the ignition key has violated this law. This is because being in control of the ignition key implies that the person has the ability to operate the vehicle if they choose to do so. Similarly, a person can be charged with a DUI for sitting in a parked car with the keys in the ignition, even if the engine is not running and the vehicle is not moving. Therefore, if a law enforcement officer catches a person in the driver’s seat with the keys in the ignition and signs of intoxication, they can be charged with a DUI. In conclusion, it is possible in Virginia to be charged with a DUI while not driving. Therefore it is important to make sure that even if a person is not operating a vehicle, they do not place themselves in a position where they could be accused of operating while under the influence.

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Can a person be charged with a DUI if they are not driving?

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